The Oxford Handbook of the Use of Force in International Law

Hardcover | January 26, 2015

EditorMarc Weller

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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of theUnited Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesseswhat changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recentchallenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of theright to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revivalof classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbookwill be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of theUnited Nations Charter, which remains a princip...

Marc Weller is Professor of International Law and International Constitutional Studies in the University of Cambridge and the Director of the Lauterpacht Centre for International Law. He became a member of the Faculty of Law of the University of Cambridge in 1990. From 1997-2000 he was Deputy Director of the Centre of International Stu...
Format:HardcoverDimensions:1200 pages, 9.69 × 6.73 × 0.01 inPublished:January 26, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199673047

ISBN - 13:9780199673049

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Table of Contents

I Introduction1. Randall Lesaffer: The History of the Prohibition of the Use of Force2. Daniele Archibugi, Mariano Croce, and Andrea Salvatore: The Debate about the Prohibition of the Use of Force and Collective Security as a Structural Element of International Relations Discourse Through the Centuries3. Michael Glennon: The Limitations of Traditional Rules and Institutions Relating to the Use of Force4. James Crawford: The Enduring Relevance of Traditional Rules and Institutions Relating to the Use of Force5. Gina Heathcote: Feminist Perspectives on the Law on the Use of Force6. Matthew Happold: Exeptionalism, Lawfulness, and Legitimacy and the Rules on the Use of Force7. Jean d'Aspremont: The Use of Force as Enforcement of the International Legal Order?8. Alexander Orakhelashvili: Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of ForceII Collective Security and the Non-use of Force9. Ramesh Thakur: Reconfiguring the UN System of Collective Security10. Dan Sarooshi: The Breadth and Scope of UN Security Council Forcible Mandates11. Niels Blocker: Security Council Authorizations to Use Force: Recent Developments12. Ian Johnstone: When the Council Fails to Act: The Theories of the Unreasonable Veto, Implied Mandates and Devolution of Authority from the Security Council to Other Actors13. Rob McLaughlin: No-Fly Zones and Maritime Exclusion Zones in Security Council Practice14. Penelope Nevill: Military Sanctions Enforcement in the Absence of Express Authorization15. Nigel D. White: The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security16. Erika de Wet: Regional Organizations and Arrangements: Authorization, Ratification or Independent Action17. Mark Weisburd: Justicibility of Matters Concerning the Use of Force, including issues addressed by the UN Security Council, before the ICJ18. Scott Sheeran: The Use of Force in Complex Peace-keeping and Governance Operations19. Haidi Willmot: Protection of Civilians in Security Council Practice20. Nicholas Tsagourias: Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates21. Charlotte Ku: Transparency, Accountability, and Responsibility for Internationally Mandated Operations22. Andre Nollkaemper: Failure to Protect: Recent ExperiencesIII The Prohibition of the Use of Force, Self-Defence, and other Concepts23. Nico Schrijver: Article 2(4) History and Present Content24. Jan Klabbers: Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference25. Chaloka Beyani: Non-aggression in the African Union26. Jen Michel Arrighi: The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region27. Sean Murphy: The Crime of Aggression at the ICC28. Claus Kress: The Prohibition of the Use of Force and Self-defence in ICJ Jurisprudence29. Roger O'Keefe: The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports30. Jorg Kammerhofer: The Resilience of the Restrictive Rules on Self-defence31. Sir Michael Wood: Self-defence and Collective Security: Key Distinctions32. Ashley Deeks: Taming the Doctrine of Preemption33. Kimberley Trapp: Can Non-state Actors Mount an Armed Attack?34. Noam Lubell: The Problem of Imminence in an Uncertain World35. Lindsay Moir: Action against Host States of Terrorist Groups36. Terry Gill: When Does Self-defence End?37. Jean Christophe Martin: Theatre of Operations38. Gregory S. McNeil: Rendition and AbductionIV Action on Behalf of Peoples and Populations39. Sir Nigel Rodley: Humanitarian Intervention40. David Wippman: Pro-democratic Action41. Gregory H. Fox: Intervention by Invitation42. Elizabeth Chadwick: Self-determination Movements43. Francoise Hampson: Resistance to Armed Occupation44. Marc Weller: A Unifying Theory of Forcible Action on Behalf of Peoples and PopulationsV Revival of Classical Concepts?45. Olivier Corten: Necessity46. Shane Darcy: Retaliation and Reprisal47. Bill Gilmore: Hot Pursuit48. Pierre Bodeau Livinec: The Threat of the Use of Force and Ultimata49. Wolff Heintschel von Heinegg: Blockades and Interdictions50. Mathias Forteau: Rescuing Nationals Abroad51. Martin Waelisch: Peace Agreements and the Use of Force52. Marina Mancini: The Effects of a State of War or Armed ConflictVI Emerging Areasn53. Guglielmo Verdirame and Vasco Becker Weinberg: Opposing the Proliferation of Weapons of Mass Destruction and Delivery Vehicles through Interdiction Operations54. Daniel Joyner: The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force55. Douglas Guilfoyle: Forcible Action to Combat Piracy56. Bill Burke White: An Unending Theatre of Operations: War on Terror?57. Marco Pertile: The Changing Environment and Emerging Resource Conflicts58. Jordan Paust: Remotely Piloted Warfare as a Challenge to the Ius ad Bellum59. Michael Schmidt: Cyber 'Attacks' - is the Law on the Use of Force ever Involved60. Ian Ralby: Private Military Companies and the Ius ad BellumVII General Problems61. Andre de Hoogh: Ius Cogens Restrictions on, or Demands for, Forcible Action62. Theodora Christodoulidou and Kalliopi Chainoglou: Proportionality63. Keiichiro Okimoto: The Interrelationship of the Ius ad bellum and the Ius in bello64. Stefan Talmon: Responsibility for the Misidentification of Circumstances Justifying the Use of Force65. Luigi Condorelli and Paolo Palchetti: Third States and the Use of ForceVIII Conclusion66. Marc Weller: Conclusion